Citation Nr: 0615898
Decision Date: 06/01/06 Archive Date: 06/13/06
DOCKET NO. 03-18 871A ) DATE
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On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO)
in Manila, the Republic of the Philippines
THE ISSUE
Entitlement to service connection for the cause of the
veteran's death.
REPRESENTATION
Appellant represented by: The American Legion
WITNESSES AT HEARING ON APPEAL
Appellant, S.V., and C.D.S.
ATTORNEY FOR THE BOARD
Panayotis Lambrakopoulos, Counsel
INTRODUCTION
The veteran served with the Philippine Commonwealth Army from
September 1941 to December 1942 and from October 1945 to
March 1946. He was a prisoner-of-war from April 1942 to
December 1942. He died in June 2000, and the appellant seeks
benefits as his surviving spouse in this appeal.
This appeal arises before the Board of Veterans' Appeals
(Board) from an April 2002 RO decision that denied service
connection for the case of the veteran's death. The
appellant testified at a hearing before the Board in June
2005.
FINDINGS OF FACT
1. In a July 2005 rating decision, the RO awarded service
connection for the cause of the veteran's death.
2. There is no longer a controversy regarding the appeal of
the issue of service connection for the cause of the
veteran's death.
CONCLUSION OF LAW
There is no longer an issue of fact or law before the Board
pertaining to the claim of entitlement to service connection
for the cause of the veteran's death. 38 U.S.C.A. §§ 511,
7104, 7105 (West 2002); 38 C.F.R. § 20.101 (2005).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The veteran died in June 2000 due to a cerebrovascular
accident. His widow, the appellant in this appeal, filed a
claim for service-connected VA death benefits in March 2001.
The RO denied service connection for the cause of the
veteran's death in an April 2002 rating decision, and after
the appellant's January 2003 notice of disagreement, the RO
issued a statement of the case in June 2003. The appellant
filed a substantive appeal (VA Form 9) in July 2003, and she
testified before the Board at a hearing in June 2005. But in
July 2005, based on a change in the law, the RO reviewed the
appellant's claim and awarded service connection for the
cause of the veteran's death, as well as entitlement to basic
eligibility for Dependents' Educational Assistance benefits.
The Board's jurisdiction includes "[a]ll questions of law
and fact necessary to a decision by the [Secretary] under a
law that affects the provision of benefits by the
Secretary." 38 C.F.R. § 20.101(a) (2005); see 38 U.S.C.A.
§§ 511, 7104, 7105 (West 2002). The July 2005 RO decision
resolved the issue on appeal, entitlement to service
connection for the cause of the veteran's death, in the
appellant's favor. Thus, there is no "question" of law or
fact for the Board to decide, and the appeal is moot. See
Waterhouse v. Principi, 3 Vet. App. 473 (1992).
ORDER
The appeal is dismissed as moot.
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HARVEY P. ROBERTS
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs